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ELRCDismissedCause No 2478 of 2012· [2018] KEELRC 1294 (KLR)

Evans Nandoya Chakaya v Africa Apparel (EPZ) Ltd [2018] KEELRC 1294 (KLR)

Employment and Labour Relations Court of Kenya at Nairobi
9 August 2018
ANAbuodha J. N.
945 words in judgment
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The bottom line

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Kenya's Employment Court upheld a factory worker's summary dismissal, finding that tearing pages from an employer's records justified dismissal and that a proper disciplinary hearing satisfied the law.

What this practically means

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Executive summary

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The claimant, employed by the respondent from 5th April 2008 in its cutting department, pleaded that on 5th May 2011 he was arrested without warning over stolen fabric, discriminated against, denied a hearing, maliciously prosecuted (and acquitted on 2nd February 2012), and unlawfully summarily dismissed on 13th May 2011 without notice. The respondent asserted that the police independently investigated and found reasonable and probable cause, and that the claimant was given an opportunity to give a written explanation which was unsatisfactory, warranting summary dismissal for gross misconduct. In evidence, the claimant admitted tearing a page from the fabric record book, claiming it was fumbled up and he wanted a clean record, though he was under supervision and the book was the respondent's property. The respondent's Human Resource Manager testified that the claimant tore pages, inflated entries, and at the disciplinary hearing refused to record a statement or call witnesses; the claimant was never caught with stolen material. The court found from the dismissal letter that the claimant was dismissed for destroying records perceived as concealment of discrepancies in fabric yardage. It held that tearing a page without authority was improper, that the claimant could have been complicit, and that the respondent had a valid and justifiable reason to dismiss him. The undisputed disciplinary minutes showed he attended the hearing facing charges of falsification and destruction of records, satisfying the Employment Act's procedural requirements. The claimant having been paid his dues upon termination, all claims were dismissed with costs.

Key legal issues

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01

Validity of the reason for summary dismissal

Holding

The claimant's tearing of pages from the fabric receiving book without authority was justifiable grounds for dismissal for gross misconduct

Reasoning

The claimant conceded tearing pages from the record book, a sensitive employer document, and merely justified it as cleaning up fumbled records. The court found that if a page needed removal he should have sought authority, and that his conduct suggested possible complicity in the missing fabric, giving the respondent a valid and justifiable reason.

p. 2
02

Procedural fairness in the termination

Holding

The disciplinary process complied with the Employment Act since the claimant attended a disciplinary hearing where the charge of falsification and destruction of records was put to him

Reasoning

The disciplinary minutes, undisputed by the claimant, showed he was in attendance, faced the charge of falsification and destruction of company records, and refused to discuss the issue or call witnesses. The court found the reason and process compliant with the Employment Act.

p. 2
03

Claims for terminal dues and other reliefs

Holding

The claims were without merit as the claimant was paid his dues upon termination

Reasoning

Having found the dismissal substantively and procedurally fair, and having noted evidence that the claimant was paid Kshs 10,880/- as terminal dues and that leave was encashed at the end of each annual contract, the court dismissed all claims in the memorandum of claim with costs.

p. 2

Legal principles established

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  • An employee's unauthorised destruction of employer records may justify summary dismissal for gross misconduct even where the employee was not caught with stolen property
  • Attendance at a disciplinary hearing, with the charge put to the employee, satisfies the procedural fairness requirements of the Employment Act

Court orders

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  1. 1.The claims set out in the memorandum of claim are dismissed with costs
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction under Article 162(2) of the Constitution (employment and labour relations disputes; not expressly cited in judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Evans Nandoya Chakaya v Africa Apparel (EPZ) Ltd [2018] KEELRC 1294 (KLR)", Case Analysis (2018). Cause No 2478 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/1294/eng@2018-08-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.